Privacy Law Commons^™

Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt

University of Richmond Law Review

No abstract provided.

Technology Law, J. Douglas Cuthbertson, Glen L. Gross

University of Richmond Law Review

No abstract provided.

4th Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 4th Annual Computer & Technology Law Institute held by UK/CLE in November 2002.

Constitutional Issues In Information Privacy, Fred H. Cate, Robert Litan

Michigan Telecommunications & Technology Law Review

The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11, 2001 terrorist attacks on the World Trade Center and the Pentagon. Recent efforts to identify and apprehend terrorists and to protect against future attacks threaten to weaken constitutional protections against government intrusions into personal privacy. However, these …

Sneak And Peak Search Warrants, Donald E. Wilkes Jr.

Popular Media

In his recent article "Taking Liberty with Freedom," author Richard P. Moore reminds us that the USA Patriot Act, signed by President Bush last Oct. 26 in the wake of the Sept. 11 terrorist attacks, "gives the government the kind of sweeping powers of arrest, detention, surveillance, investigation, deportation, and search and seizure that ... assault ... our most basic freedoms."

I want to examine here a single section of the USA Patriot Act--section 213, definitely one of the most sinister provisions of this monstrous statute.

Terrorism And Weapons Detection Technology: Reevaluating The Reasonable Expectation Of Privacy After 11 September 2001, Michael A. Menzel Jr.

West Virginia Law Review

No abstract provided.

Not Quite Bradbury's Fahrenheit 451: The Uncertain Future Of Sense-Enhancing Technology In The Aftermath Of United States V. Kyllo, Heather K. Mcshain

West Virginia Law Review

No abstract provided.

New York V. Belton And State Constitutional Doctrine, Eugene L. Shapiro

West Virginia Law Review

No abstract provided.

Open Source, Open Arms: An Open-Ended Question, Alana Maurushat

Canadian Journal of Law and Technology

This paper is structured to address several aspects and challenges to the open source movement. Beginning with an outline of the historical and cultural components of the open source movement, the paper will move on to explore the economic and philosophical underpinnings of intellectual property. It will be demonstrated that open source finds itself uniquely situated within these theories and doctrines. The questions that open source poses for intellectual property will then be examined. My arguments will stem from the general premise that open source is threatened by three mechanisms: the uncertainty of the validity of open source licenses, potentially …

The New Singapore Domain Name Dispute Resolution Policy: The Context Of The Common Law And Icann's Udrp, Richard Wu

Canadian Journal of Law and Technology

In this article, I will analyse the salient features of the Policy and evaluate the extent to which they match international practice. I will focus, in particular, upon the Uniform Domain Name Dispute Resolution Policy (UDRP) and the rules made under the UDRP. The Internet Corporation for Assigned Names and Numbers (ICANN), the international body responsible for domain name management, adopted both in 1999. As the nature of domain name disputes and dispute resolution rules are very similar in different countries, domain name disputes are becoming a global phenomenon, leading to the development of a kind of ‘‘Internet common law’’. …

M-Commerce: The Notion Of Consumer Consent In Receiving Location-Based Advertising, Eloïse Gratton

Canadian Journal of Law and Technology

The development of location-based advertising, for all its convenience and usefulness, introduces new and heightened privacy risks for consumers that must be addressed. The portability of wireless devices and the ubiquity of their applications, coupled with an ability to pinpoint the location of wireless users and reveal it to others, could produce a system where the everyday activities and movements of these users are tracked and recorded. Wireless users would receive unanticipated advertising messages on their wireless device, commonly referred to as ‘‘wireless spam’’, generally considered a form of privacy violation.

In order to obtain a valid consent from the …

Global Trecs: The Regulation Of International Trade In Cyberspace, J. Steele

Canadian Journal of Law and Technology

This paper provides an overview of trade-related aspects of electronic commerce, and examines three approaches for regulating international trade in cyber- space. A model which integrates these approaches is then proposed, emphasizing private standards of self-regula- tion within a broader public framework of minimal background standards. A summary of potential areas of conflict between competing regulatory approaches fol- lows, and the paper concludes that both the WTO and the OECD have important roles to play in the develop- ment of international consensus towards a harmonized framework for the regulation of global TRECs.

The Personal Information Protection And Electronic Documents Act: A Comprehensive Guide By William Charnetski, Patrick Flaherty And Jeremy Robinson (Toronto Canada Law Book Inc., 2001), Teresa Scassa

Canadian Journal of Law and Technology

The Personal Information Protection and Electronic Documents Act: A Comprehensive Guide (the Guide) is the second book to be published in English in Canada dealing expressly with the Personal Information Protec- tion and Electronic Documents Act (PIPEDA). The Guide is different from the earlier work, in that it is not a section by section discussion or annotation of the provisions of PIPEDA. Rather, it is organized into eight chapters, each addressing a distinct theme or topic. The Guide is also aimed at a more professional audience than the earlier work. In its introduction, and in its choice of content, it …

Solving Legal Issues In Electronic Government: Jurisdiction, Regulation, Governance, John D. Gregory

Canadian Journal of Law and Technology

This paper looks at who can be governed, what can be governed, and how it can be governed in an electronic world. Whether law aims to be enabling (i.e., confirming the ground rules and the legal effectiveness of general conduct) or normative (i.e., imposing standards of conduct on more or less willing subjects), the new media presents difficulties for its rational evolution.

These are distinct questions from those raised by government online. Electronic service delivery issues tend to focus on how government can carry on its traditional programs using electronic means and how the law can support it in doing …

The Patriation Of .Ca, Gregory R. Hagen, Kim G. Von Arx

Canadian Journal of Law and Technology

Country code top level domains (‘‘ccTLD’’s), such as .ca, are distinct from generic top-level domains (‘‘gTLD’’s), such as .com, in that they are generally conceived to be associated with a specific country. In Canada, the authority to operate the technical functions of the .ca domain name registry has been delegated to the Canadian Internet Registration Authority (‘‘CIRA’’) by a United States non-profit corporation, the Internet Corporation for Assigned Names and Numbers (‘‘ICANN’’). The authority to make policy regarding the .ca has purportedly been delegated to CIRA by the Government of Canada. There is an issue, however, as to whether ICANN’s …

The Ideal Victim, The Hysterical Complainant, And The Disclosure Of Confidential Records: The Implications Of The Charter For Sexual Assault Law, Lise Gotell

Osgoode Hall Law Journal

This article explores the current state of Canadian law on the production and disclosure of complainants' records to reflect upon the implications of the Canadian Charter of Rights and Freedoms for Canadian sexual assault law and jurisprudence. Some scholars assert that the Supreme Court's decision in R. v. Mills, upholding section 278 of the Criminal Code governing access to complainants' records, constitutes an erosion of accuseds' rights and an unjustified compromise of constitutional standards. By contrast, this article demonstrates that R. v. Mills is a highly contradictory decision that can be read as creating an interpretation of section 278 that …

The Gramm-Leach-Bliley Act, Information Privacy, And The Limits Of Default Rules, Edward J. Janger, Paul M. Schwartz

Faculty Scholarship

No abstract provided.

Corporate Cybersmear: Employers File John Doe Defamation Lawsuits Seeking The Identity Of Anonymous Employee Internet Posters, Margo E. K. Reder, Christine Neylon O'Brien

Michigan Telecommunications & Technology Law Review

Communications systems are now wide open and fully accessible, with no limits in range, scope or geography. Targeted audiences are accessible with pinpoint accuracy. Messages reach millions of readers with one click. There is a chat room for everyone. Most importantly, there is no limit on content. Therefore, employees can register their dissatisfaction by posting a message in a chat room. Moreover, the identity of the posting employee is not easily discoverable due to anonymous and pseudonymous communications capabilities. The nature of these online messages is qualitatively different from real-world communications. By way of example, newspapers have a responsibility regarding …

Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr

Michigan Telecommunications & Technology Law Review

"Carnivore" entered the online world's collective consciousness in June 2000 when the Federal Bureau of Investigation unveiled the Internet surveillance software program to telecommunications industry specialists. The FBI claims the program allows agents to scan the traffic of an Internet Service Provider (ISP) for messages or commands to or from a criminal suspect and then intercept only those messages, capturing copies of e-mails, web site downloads and other file transfers[...] A central issue in the controversy surrounding Carnivore is whether current law permits the FBI to employ the program in the Internet context. Bureau officials claim statutory authority for deployments …

Computer Searches And Seizures: Some Unresolved Issues, Susan W. Brenner, Barbara A. Frederiksen

Michigan Telecommunications & Technology Law Review

The goal of this article is to illustrate the issues that arise in the context of computer search and seizures by examining several areas in which the application of Fourth Amendment concepts to computer searches and/or seizures can be problematic. In order to illustrate this point, the article will build on a hypothetical. The hypothetical situation assumes law enforcement officers have lawfully obtained a warrant to search for and seize evidence concerning the commission of one or more crimes. It will also be assumed that computer technology played some role in the commission of these crimes, so computer equipment and …

In Light Of Reason And Experience: Against A Crime Fraud Exception To The Psychotherapist-Patient Privilege, Catherine Thompson Dobrowitsky

University of Michigan Journal of Law Reform

This Note argues against the adoption of a crime fraud exception to the federal psychotherapist-patient privilege. Part I argues that the restrictive legal elements of the privilege adequately exclude fraudulent or criminal statements from protection. Part II addresses the needed distinction between the dangerous patient exception and the crime fraud exception to the psychotherapist-patient privilege and concludes that the adoption of a crime fraud exception would threaten a limited dangerous patient exception. Part III contends that the policies underlying the attorney-client and psychotherapist-patient privileges must be distinguished and do not merit a shared crime fraud exception. This Note concludes that …

Arkansas Surfers And Their Privacy, Or Lack Thereof: Does The Common Law Invasion Of Privacy Tort Prohibit E-Tailers' Use Of "Cookies"?, Bryan T. Mckinney, Dwayne Whitten

University of Arkansas at Little Rock Law Review

No abstract provided.

Solving Legal Issues In Electronic Government: Authority And Authentication, John D. Gregory

Canadian Journal of Law and Technology

This article is an overview of some of the legal themes and issues faced by governments in the electronic age, with particular regard to their own operations: electronic service delivery and the administration of government itself.

Electronic government is the performance of any function of government using electronic records and electronic communications. It may involve, in the language of the Uniform Electronic Commerce Act, ‘‘us[ing] electronic means to create, collect, receive, store, transfer, distribute, publish or otherwise deal with documents or information.’’ The term thus covers the provision of governmental services to the public, including commu- nication from the public …

Colloquium On Privacy & Security, Gary M. Schober, Shubha Ghosh, Ann Bartow, Chris Hoofnagle, Phyllis Borzi

Buffalo Law Review

No abstract provided.

Le Droit De Faire Jouer La Radio En Public, Ou La Petite Histoire D'Une Drôle D'Exemption, René Pépin

Canadian Journal of Law and Technology

L’article 69 de la loi canadienne sur le droit d’auteur prévoit qu’aucun montant n’est exigible d’une personne qui utilise en public un appareil radio, pourvu que ce soit fait dans un endroit, tel un commerce ou un restaurant, où le public est invité à se rendre sans qu’il lui soit chargé un prix d’entrée. Plusieurs pays ont une disposition semblable dans leur législation en matière de droit d’auteur. Cela évite que les détenteurs de droits d’auteur sur des pièces musicales, ou les compagnies de disques, prétendent que le propriétaire de l’appareil radio se trouve à «représenter publiquement» ou à «exécuter …

Collective Management Of Copyright And Neighbouring Rights In Canada: An International Perspective, Daniel J. Gervais

Canadian Journal of Law and Technology

In this paper, we will compare the current Canadian framework and activities of Collective Management Organizations with the situation in a number of other major countries and suggest possible improvements to the current regime. The comparison will focus first on the general legal background for collective management and, second, on issues specific to the digital age. The paper only addresses some of the specific issues raised by the 1996 WCT and WPPT.

Book Review: Privacy Law In Canada By Colin H.H. Mcnairn And Alexander K. Scott, Anne Mussett

Canadian Journal of Law and Technology

Privacy Law in Canada is a 360-page work that broadly covers legislation at both the federal and provin- cial level, and criminal and civil liability for privacy intru- sions in the context of case law from across Canada. Particular focus is given to privacy issues associated with the workplace, personal health information, technolog- ical surveillance, and protecting consumers and debtors. The authors take a practical approach in examining chal- lenging questions, such as whether a consumer’s consent is required to obtain a credit report; disclosure of med- ical information; monitoring an employee’s computer use and voice mail; how the PIPEDA …

Litoral: A New Form Of Defamation Consciousness, Kim Von Arx

Canadian Journal of Law and Technology

With the Internet, quickly becoming ubiquitous, the question arises: how does the Internet, and more specifi- cally computer-mediated-communication (CMC), affect people’s lives?

This paper will explore CMC in the Western world as an instance of Walter J. Ong’s notion of secondary orality. It will seek to determine whether the proposed shift in communicative and social consciousness elimi- nates the need for the common law distinction between libel and slander in the online communication environ- ment. The paper is divided into three parts. In the first section, the elements of primary orality and the shift of consciousness from a primary oral …

Don't Shoot The Messenger! A Discussion Of Isp Liability, Andrew Bernstein, Rima Ramchandani

Canadian Journal of Law and Technology

In today’s world of rampant networked communica- tion, the Internet Service Provider (‘‘ISP’’) finds itself in a uniquely vulnerable position. As the conduit through which content is disseminated to a numerically and geo- graphically vast audience, the obvious legal risk to ISPs is that those who provide content will do so in a way that attracts legal liability. Like many communications prov- iders (such as publishers or broadcasters), the ISP may have to assume some responsibility for simply providing the means of transmitting content. In some cases, the ISP is more actively involved in the transmission or is know- ingly …

Some Ethical Reflections On Cyberstalking, Frances Grodzinsky, Herman T. Tavani

School of Computer Science & Engineering Faculty Publications

The present study examines a range of moral issues associated with recent cyberstalking cases. Particular attention is centered on the Amy Boyer/ Liam Youens case of cyberstalking, which raises a host of considerations that we believe have a significant impact for ethical behavior on the Internet. Among the questions we consider are those having to do with personal privacy and the use of certain kinds of Internet search facilities to stalk individuals in cyberspace. Also considered are questions having to do with legal liability and (possible) moral responsibility that Internet Service Providers (ISPs) have for stalking crimes that occur in …